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Tätigkeitsdelikt / Erfolgsdelikt


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12:22 May 30, 2006
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Tätigkeitsdelikt / Erfolgsdelikt
This pair of words describes two forms of infringements. The former only depends on an illegal action itself, whereas the latter requires a certain "success" (Erfolg), such as someone got killed. Is there an English translation?
DonBassi


Summary of answers provided
4Commission-based actus reus/ Choate offence
Tom Thumb
4offence committed in law/offence committed by causation to a previous act
Kim Metzger
3result crime (for Erfolgsdelikt)
Natalie Wilcock


  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
result crime (for Erfolgsdelikt)


Explanation:
Found result crime in Dietl Lorenz but couldn't yet come up with Tätigkeitsdelikt. Just a shot to get the ball rolling. Or should this read TätLICHkeitsdelikt?

Natalie Wilcock
Local time: 18:21
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 8
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
offence committed in law/offence committed by causation to a previous act


Explanation:
Our Margaret Marks has already answered this question:

"tätigkeitsdelikt According to Lister / Veth, Taschenwörterbuch Recht DE>EN (very good on crime): offence by commission; offence committed in law at the same time as the criminal act.
I think 'offence by commission' is not very clear. I think you need to be more longwinded and say German law distinguishes...

Contrast is with Erfolgsdelikt: for murder, the person has to die (Erfolgsdelikt), but for Verleumdung, you can commit it immediately!"

http://www.proz.com/kudoz/492700

Lister/Veth on Erfolgsdelikt:
offence connected by causation to a previous act; offence committed subsequent to the cause (e.g. charges arising fromthe subsequent death of a victim of negligent driving)



    Taschenwörterbuch Recht, R. Lister/K. Veth
Kim Metzger
Mexico
Local time: 11:21
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1101
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Commission-based actus reus/ Choate offence


Explanation:
Opposite of actus reus by commission = by omission.

Some translators seem to dislike the terms choate and inchoate offences i.e. attempts, but the terms are well established in both the US and UK.

Example sentence(s):
  • The actus reus — sometimes called the external elements of a crime — is the Latin term for ... When discussing the nature of an actus reus or guilty act, ...
  • But the 'inchoate' crime never develops into a completed 'choate' crime and thus the assumption rests on speculation. Second, this speculation becomes more ...

    Reference: http://en.wikipedia.org/wiki/Actus_reus
    caselaw.findlaw.com/scripts/getcase. pl?court=wa&vol=2005_sc/745544di1&invol=3
Tom Thumb
Local time: 18:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 445
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Voters for reclassification
as
PRO / non-PRO
PRO (3): Natalie Wilcock, Kim Metzger, LegalText


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Changes made by editors
May 30, 2006 - Changes made by Kim Metzger:
LevelNon-PRO => PRO
May 30, 2006 - Changes made by Steffen Walter:
LevelNon-PRO => PRO


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